By Katie Northcott, News Director
NOTE: This story has been updated to reflect that Imhoff did not receive text messages sent by Peterson Media Group.
The Manchester Public Building Authority (PBA)’s vote to disband may not have been legally valid due to quorum requirements.
In an audio recording of the Jan. 7 meeting of the PBA, the members passed a motion to dissolve at its meeting on Jan. 7 with a 3-0 vote. Find more reporting on the dissolution here.
On Thursday, Jan. 29, Peterson Media Group broke the news that the PBA had voted to disband. PBA Chairman Paul Thornton followed up with Peterson Media Group on Friday, Jan. 30. Thornton said that City Attorney Craig Johnson had alerted the City of Manchester that the vote was not legally valid.
“The city attorney is the one that brought it to their attention,” Thornton said. “What we did was not legal because we did not have quorum.”
Thornton said that because member Brandon Imhoff was not present at the meeting, the PBA did not have quorum at its Jan. 7 meeting, rendering the vote invalid.
Rumors have circulated that Imhoff resigned from the PBA. However, Thornton said neither he nor the City of Manchester has received a letter of resignation from Imhoff. Peterson Media Group attempted to contact Imhoff but had an outdated cell phone number on file and Imhoff did not receive the messages sent to him.
In an article published on Saturday, Jan. 31, the Manchester Times cited Johnson saying that the PBA vote would only be the first in a multi-step process to disband the PBA.
Peterson Media Group reached out to Johnson via email on Monday, Feb. 2 to ask for clarification about his comments to the Times and to inquire whether the vote was illegal due to lack of quorum. Johnson’s response is copied below.
I don’t have any direct knowledge concerning the legitimacy of a vote taken previously. I was merely commenting on the process under state business entity and public authority statutes, which govern the PBA. If there was no quorum present at any meeting, of any board with a quorum requirement, I would presume a vote would not be valid, however another meeting with a quorum present, could consider the same vote.
Peterson Media Group followed up with Johnson on Tuesday, Feb. 3, alerting Johnson that Peterson Media Group has an audio recording that documents that a 3-0 vote was made at the Jan. 7 meeting and asking if the vote was valid.
Johnson’s response is below:
They are a separate entity, and as the City Attorney, I don’t make those determinations or give them advise unless asked. If the PBA has determined that a prior vote was not valid, then I am sure they will revisit a decision at a future PBA meeting.
The PBA has historically been tasked with overseeing operations at Manchester’s Conference Center. Thornton, Imhoff, Sally Singles, and Edward Lucky Knott were appointed to serve alongside Manchester Mayor Hobbs and Aldermen Thomas Crosslin and Donny Parsley after the six previous PBA members resigned in June.
The City of Manchester has not responded to Peterson Media Group’s request for comment, which was sent on Thursday, Jan. 29.
